Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1887-12-11
TO THE JURY.
1T REMAINS TO AWAIT A VERDICT.
Bank 'Wrecksr Harper'S Testimony Yes
tsrday.
The DFNENSE BREAKS DOWN.
His Innocent Babe Pleads ElOquently for the
Prisoner.
1T REMAINS TO AWAIT A VERDICT
The DFNENSE BREAKS DOWN.

morning kept the crowded court room III
u hush of silence. Court was opened in
the usual way. Harper appeared, accom-
panied by his wife ard her sister and his
little boy, a fine looking fellow of nine
years. The testimony for the defense was
virtually nothing. Mr.. Msrchant told
what WAS the state of the account OF Swift S
Iron and Steel Works in 1881. 1t amount
ed to $l9, 900 deposits and $4,000 with
drawn, on over draft Mr.. Phillips was
called to show that the property OF these
works was worth over $500, 600.
J.F. Larkiu, banker, was called to show
that Wiltshire was buying wheat for Others
than Harper, but all be could say was
that his bank had haudled some paper of
Undertakes with endorsements by Will
shire, and the Court ruled it all out as in
competent.
Iimberlake himself was called. He
said Wiltshire never bought for him, nor
he for Timberlake Wiltshire had simply
endorsed some of his paper. Mr.. Black
burn said his purpose was to show that
Wilshires testimony, that he had bought
for Harper only was not true. The Court
reminded counsel that Wiltshire had testi-
fed that he had bought million bushels
on his own account, aud if they could
show he had bought more than this, it
might be done. The witness was eX-
cused.
Edgar Stark, bank cashier. was called 70
tell OF the Timberlake transaction, but
it was ruled out, and Mr. Blackburn said:
with that ruling of the Court we have
NO FURTHER TESTIMONY"
1t was now 1890. Mr.. Harper and his
counsel withdrew for consultation. Dep
uty Marshal Urner followed. In ten min
Mr. Harper was called out. The consul
tation was upon the question Ofsubmitting
the case without Argument. At lO:45 the
parties all returned and Mrs. Harper was
carrying her babe. She sat down beside
her husband with the child upon her knee,
removing its white hood and displaying
lovely head aud face fair hair, bright eyes,
tiue complexion and full round cheeks.
There was whispered consultation at the
table for minute or two, during which,
above the low hum OF the crowd, could he
heard the flute like tones Of this haby's
voice as il reached 70 the table after papers
and coOed It's delight. 1t was the only
plea that was offered for its father, for
when Dir. Blackburn arose he said that
under the ruling of the Court as to the ey-
idence offered they had no more witnesses
to offer.
The Government called MeSsrs. Hinch
and Hayes, but the questions asked them
had been asked before and they were ruled
out.
Mr.. Rurnet then said the
GOVERNMENT WOULD REST
Judge Jackson--"Will you argue the
clse?'
Judge Wilson, for the defense, said they
would submit without argument ii the
Government would.
Mr.. Bumet-"We will y
Judge Jackson then prepared 10 deliver
his charge to the jury. The charge occu-
pied an hour aad fifty minutes in delivery.
lie began by referring tn the form of the
Indictment, and then gave the usual def
milton OF the points OF the law necessary
to De considered by jury in a criminal
indictment. He called their attention to
the difference between criminal acts
by officers OF banking association
and others by which losses might
accrue, but not be criminal, aud remarked
that ia every count Harper was charged
with criminal act. He defined the term
abstract. As used in the statute, as mean
ing to take without the knowledge OF the
officers of the association and Use 1t for the
benefit of others aud with the intent 20 de
fraud, applied to every fact, which is
illegal, which tends to injury. After de-
fiuiug what was meant by proof beyond
reasonable doubt, he said the responsibility
Of bank officers was not for losses on
HONEST LEGAL LOANS
i'm good faith, for the benefit of the aSS'icla
ton, Int for illegal acts for the benefit Of
Others than the bank.
He ther passed to 4 review OF the facts
proven, slylng "the court could assume
those things proven which had been pre-
sented in evidence by both sides. He
then enumerated, one after another, vari-
Gus acts regarded rs proven by Harpers :
own admissions, such as credit to the
Riverside iron and Steel Works, upon no
consideration, and declared that the de
ieudant committed wrongful acts when
they took the check OF the Riverside
works in that way. So OF the $500, 900
certificate of deposit in the FIRST National
Bank, represented by his own check. This
was criminal act, admitted by the de-
PENDANT
Going on in order Ot time, the court
cited act after act, all admitted he
Harper, which. uuder the ruling of the
court,
CUNsTITUTED CRIMINAL ACTS.
Among othees was Sl5, 900 10 Hoyt for
Hopkins, in which Harper said he was TO
be 4 sharer with Hopkins. In sending
collaterals TO the Chemical National Bank
on June Is, the defenant committed an
unlawful criminal act. Harper's heroic
efforts TO save the bank does not excuse
him any more than man would be ca
cuScu LOT SCuNlllllS - Mt ~ aiNSA "oANS
making efforts to save it. Referring to
Harper's defense that he was trying to save
the bank, he severely arraigued his method
saving it WAS not reasonable for q man to
sink 81, 400, GOO to save $50, 900. Summing
up he said The Court instructs the jury
that it must tiud on his own testimony
that the defendant had committed crime.
The Jury then was instructed IS TO the
nature of the verdict, and they then were
taken to thoir room, TO begin the consulta-
tion. The court adjourned until , o'clock.
At quarter Of five Court adjourned till
Monday. 1t WAS announced that the jury
would be ready to report early this even
ing. The verdict in the Harper case will
not be received until Monday morning, no
matter when the jury agree.
Bushyhesd Has to skip.
CHICAGO, December 10.-A special from
Tshlequah, Indian Territory, says: Chief
Bushyhead and a body guard lied lsst